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Doeuslgn Envelope ID:56F5B9B3-CE4D-4E2F-8071-A7EOFBAAD866 <br /> amounts authorized by a WUE Program Notice or Amended WUE Program Notice, except <br /> pursuant to the results of an audit by the City under Section 8.3. <br /> 1.1.7 In the event a WUE Program is terminated early, City is responsible for <br /> payment of any funding contributions required by the WUE Program to the extent of applications <br /> initiated prior to the effective date of the termination. For purposes of the preceding sentence, an <br /> application is deemed initiated when an application has been received by Metropolitan's rebate <br /> vendor, by MWDOC, or a reservation has been made within any ofMWDOC's online application <br /> portals that is pursuant to any of the WUE Programs described within this Agreement. <br /> 1.1.8 Notwithstanding any other provision of this Agreement, MWDOC <br /> providing funds for any of the MWDOC WUE Programs is conditioned upon the availability of <br /> funds and MWDOC is under no obligation to provide funding to City for any WUE Program if <br /> MWDOC determines, in its own discretion, that such funding is exhausted, reduced, eliminated, <br /> or unavailable from any funding source,for any reason. In the event MWDOC determines funding <br /> for a WUC Program has been exhausted,reduced or unavailable,it will notify the City immediately <br /> and City may terminate its participation in that affected WUE Program upon MWDOC's receipt <br /> of the City's written notice. <br /> 1.2 WUE Programs Availability <br /> 1.2.1 Subject to the limitations set forth herein, the Parties agree that the WUE <br /> Programs chosen by the City for participation in the City's WUE Participation Notice or Amended <br /> WUE Participation Notice, shall be made available throughout the City's water service area for the <br /> Term,without the need for a separate agreement between the Parties in addition to this Agreement. <br /> 1.2.2 MWDOC shall involve the City in the WUE Program marketing to occur <br /> within the City, and the City agrees to assist in the marketing of WUE Programs it participates in <br /> under this Agreement; provided, City may terminate any MWDOC marketing efforts within the <br /> City's water service area which City deems contrary to its best interests. If any marketing efforts <br /> will extend to areas outside of the City's water service area., MWDOC will work with the City to <br /> address City's concerns. In those cases where MWDOC and City do not reach a mutually <br /> acceptable compromise, MWDOC will make all reasonable efforts to remove the City from such <br /> objectionable marketing efforts at the City's written request. <br /> 1.3 Grant Funding <br /> 1.3.1 Subject to any grant requirements and conditions, Grant fielding obtained <br /> by MWDOC for WUE Programs may be made available to end water users within the City's water <br /> service area. In order for end water users within the City to be eligible to receive such grant funds <br /> from MWDOC, MWDOC will provide the City with the applicable grant terms and conditions <br /> and, if acceptable to the City, the City will provide MWDOC written notice of its acceptance of <br /> those terms and conditions. The administration of any MWDOC grant funding will be on a <br /> program-by-program basis, contingent upon the terms and conditions of each program. <br /> Page 3 of 14 <br /> 5 5401.00000\43 S 32934.1 <br />